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1. Each of the plaintiffs' claims is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Plaintiff A’s spouse, Plaintiff B, and C were children of G, Defendant D’s leakage in G, Defendant E was female students of G, and Defendant E was dead around 2015 (hereinafter “the Deceased”).
On the other hand, Defendant F is the site location of the branch of the Defendant National Bank Co., Ltd. (hereinafter “Defendant National Bank”).
B. The Deceased owned 1,030/3,030 of the 4,081 square meters in Pyeongtaek-si (hereinafter “instant real estate”). Defendant D and E entered into a sales contract with J on June 3, 2013 on the instant real estate as an agent of the Deceased.
C. Meanwhile, the national bank account in the deceased’s name issued by the head of the H branch of the National Bank of Korea (hereinafter “instant account”) was opened on May 30, 2013, and J wired KRW 120 million to the instant account on June 4, 2013.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings
2. Determination as to the claim against Defendant D and E
A. The Plaintiff’s assertion 1) Defendant D and E embezzled KRW 180,000,000, including KRW 180,000,000, or KRW 230,020,000, by arbitrarily withdrawing and consuming the proceeds from the sale of the instant real estate even after receiving the proceeds from the sale of the instant real estate. The Plaintiffs, who are the deceased’s inheritors, seek only KRW 120,00,000, which is part of them.
B) Even if the above embezzlement is not acknowledged, all the money used beyond the scope of delegation, such as disbursement for the care expenses of the deceased, etc. or not used for the deceased, Defendant D and E, as unjust enrichment, must return the above unjust enrichment of KRW 180,000,000 to the deceased’s heir. Accordingly, the Plaintiffs, who are the deceased’s heir, seek only KRW 120,000,000, which is part of them, from among them, Defendant D and E, as such, are liable to pay each Plaintiff A 51,428,572, and damages for delay.
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